(Prayer: This Crl.P is filed under Section 438 Cr.PC (filed u/S 482 BNSS) praying to Direct the respondent Police to enlarge them on anticipatory bail in the event of their arrest in Cr.No.331/2025 of Thirtahalli Police registered for offence punishable under Section 108 read with Section 3(5) of BNS 2023 now pending on the file of the Principal Civil Judge (Jr.Dn) and Judicial Magistrate First Class Court, Thirthahalli.)

Oral Order

1. This petition is filed by accused Nos.1 and 3 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.331/2025 of Thirthahalli Police Station registered for the offences punishable under Sections 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent/State.

3. The learned counsel for the petitioners would contend that, the deceased committed suicide on account of a notice issued by the Chit Fund Company (accused No.4), which was insisting upon repayment of the loan amount. The allegation against petitioner No.1 is that, he had borrowed a loan from the said Chit Fund, for which the deceased stood as a guarantor and pledged his property title deeds. The allegation against petitioner No.1/accused No.1 is that, when contacted by the deceased over the phone, he refused to repay the loan amount and told the deceased to go and die. The said act of the petitioner No.1 does not amount to abetment to commit suicide. The deceased is stated to have left a death note, but that does not contain the signature of the deceased, who used to sign in English.

4. The petitioner No.2/accused No.3 is a lady working in Bangalore, and she is sister of the accused No.1, and she is pregnant of thirteen week. The petitioners are ready to cooperate with the police in the investigation and abide by any conditions to be imposed by this Court. With this, he prayed to allow the petition.

5. Per contra, the learned High Court Government Pleader for respondent/State would contend that, the death note itself clearly indicates that, the petitioners are responsible for the suicide of the deceased. The acts of the petitioners abetted the deceased to commit suicide. The petitioners are required for custodial interrogation. With this, she prayed to reject the petition.

6. Having heard the learned counsel, the Court has perused the complaint, FIR and other materials placed on record.

7. The petitioner No.1/accused No.1 had borrowed loan from Kodachadri Chit Fund (accused No.4), for which, the deceased stood as a surety, and he had pledged his property title deeds. The said Kodachadri Chit Fund Company (accused No.4) had issued a notice to the deceased to pay the loan amount of accused No.1. The deceased and his wife insisted the petitioner No.1/accused No.1 to pay the amount borrowed from the Chit Company, and he refused to repay the loan amount, and asked the deceased to go and die. Even the petitioner No.2/accused No.3 asked regarding repayment of loan amount borrowed by accused No.1, she had also given rash replies.

8. It is submitted by the learned counsel for petitioners that, the signature on the death note is not of the deceased, as the deceased used to affix the signature in English, and it can be seen in the PAN card of the deceased.

9. Whether the acts of the petitioners asking the deceased to go and die amounts to abetment to commit suicide is a matter of investigation and trial. The petitioners have undertaken to co-operate with the police in investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners.

10. The petitioner No.2 is a woman and she is stated to be pregnant.

11. Considering the above aspects, the petitioners have madeout a case for grant of anticipatory bail with conditions.

In the result, the following:

ORDER

          i) The petition is allowed.

          ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.331/2025 of Thirthahalli Police Station registered for the offences punishable under Sections 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions.

          a) The petitioners shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of Investigating Officer.

          b) The petitioners shall appear before the Investigating Officer whenever called for and cooperate for Investigation.

          c) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

          d) The petitioners shall appear before the Trial Court on all dates of hearing unless exempted in case of filing of a charge sheet against them.